Claims for Loss of Consortium in Illinois Wrongful Death Cases

Trusted Fatal Accident Attorneys Representing Families Throughout Illinois

When a loved one dies because of another party’s negligence, the devastation extends beyond the loss of life itself. Families are left to cope with grief, financial strain, and the emotional toll of losing the companionship and support of the deceased. In Illinois, the law recognizes that surviving spouses and certain family members suffer not only financial damages but also non-economic losses, such as the loss of companionship, affection, and emotional support. These damages are known as loss of consortium claims in wrongful death cases.

At John J. Malm & Associates, we represent families in Illinois who have lost a loved one due to negligence. Our team of seasoned Illinois wrongful death attorneys works to hold negligent parties accountable and to pursue the full measure of damages available under Illinois law, including claims for loss of consortium.

What Is Loss of Consortium?

Loss of consortium refers to the deprivation of the benefits of a family relationship due to injuries or wrongful death. In Illinois wrongful death cases, these claims typically compensate surviving spouses and family members for the loss of:

• Love and companionship
• Guidance and care
• Affection and intimacy
• Parental support and training
• Household services provided by the deceased

While financial damages such as lost income and medical bills are quantifiable, loss of consortium damages acknowledge the intangible, deeply personal losses families endure.

Wrongful Death and Loss of Consortium Under Illinois Law

Illinois law provides a statutory framework for wrongful death claims. The Illinois Wrongful Death Act (740 ILCS 180/) allows surviving family members to recover damages for the pecuniary and non-economic losses they have suffered due to the death of a loved one caused by negligence, recklessness, or intentional acts.

Courts in Illinois have interpreted pecuniary injuries under the statute to include not only financial contributions but also the “loss of society” and consortium, which encompasses the mutual benefits of family relationships.

Who Can Bring a Loss of Consortium Claim As Part of a Wrongful Death Case in Illinois?

Under Illinois law, the right to bring a wrongful death claim belongs to the personal representative of the deceased person’s estate. However, the damages recovered are meant to benefit the surviving spouse and next of kin.

Those who may have claims for loss of consortium include:

• Spouses: A surviving spouse may claim damages for the loss of love, companionship, affection, and sexual relations.
• Children: Minor children may be compensated for the loss of parental guidance, instruction, and support.
• Parents: Parents of a deceased minor child may pursue damages for the loss of companionship and the unique relationship between parent and child.

The court will determine the appropriate distribution of damages among surviving family members.

Types of Damages in Loss of Consortium Wrongful Death Claims

In wrongful death cases, damages are categorized into economic and non-economic damages. Loss of consortium falls within the non-economic category. Examples include:

• Loss of spousal consortium: Emotional support, companionship, and marital relationship.
• Loss of parental consortium: Guidance, training, love, and moral upbringing lost by children.
• Loss of filial consortium: The companionship and comfort parents lose after the wrongful death of a child.

In addition to loss of consortium, families may recover:

• Funeral and burial expenses
• Medical bills prior to death
• Lost wages and financial contributions of the deceased
• Pain and suffering of survivors

Proving Loss of Consortium After A Fatal Accident

Loss of consortium claims are inherently difficult to measure because they involve non-economic damages. To succeed in such a claim, plaintiffs must provide evidence of the unique relationship and contributions of the deceased. This can include:

• Testimony from family members about the closeness of the relationship
• Testimony from friends or community members about the role of the deceased in the family
• Evidence of the deceased’s role in providing guidance, care, or support
• Documentation showing the deceased’s involvement in family life and household responsibilities

An experienced Illinois wrongful death lawyer can help gather the necessary evidence to establish the depth of the loss.

Challenges in Wrongful Death Loss of Consortium Claims

While Illinois law allows recovery for loss of consortium, several challenges may arise in presenting a loss of consortium claim after a fatal accident:

• Valuation difficulties: Juries must place a dollar amount on intangible losses.
• Defense arguments: Defendants may argue that the family relationship was strained or that damages should be minimal.
• Distribution disputes: Courts must fairly distribute damages among survivors, which can cause conflict in blended or extended families.

Because of these complexities, working with an experienced wrongful death lawyer is critical.

Why Hire an Illinois Wrongful Death Lawyer?

Navigating a wrongful death case is complex, particularly when it involves loss of consortium claims. An Illinois fatal accident attorney can:

• Investigate the circumstances of the death
• Collect evidence and witness testimony
• Retain expert witnesses to value damages
• Handle negotiations with insurance companies
• File and litigate claims in Illinois courts

Most importantly, a lawyer ensures that families have an advocate fighting for their rights during an incredibly difficult time.

“At our firm, we understand that no legal action can ever replace the love and companionship of a lost family member. But by pursuing a wrongful death claim, we can help families secure the resources they need to move forward while also holding negligent parties accountable for the harm they have caused.” – John J. Malm, Naperville fatal accident lawyer

Frequently Asked Questions About Wrongful Death Loss of Consortium Claims

Can children file their own loss of consortium claims?
Children cannot file independent claims. Instead, the personal representative of the estate brings the wrongful death action, and damages for children’s loss of parental consortium are awarded through that claim.

Are loss of consortium damages capped in Illinois?
No. Illinois does not impose a statutory cap on wrongful death damages, including loss of consortium. Juries determine the amount based on the evidence presented.

How long do I have to file a wrongful death claim in Illinois?
Under the Illinois Wrongful Death Act, the statute of limitations is generally two years from the date of death, though exceptions may apply in cases involving medical malpractice or government entities.

What evidence is needed to prove loss of consortium?
Testimony from family and friends, evidence of the deceased’s role in the family, and expert witness testimony can all help establish the extent of the loss.

Taking Action After a Wrongful Death in Illinois

If you have lost a loved one due to negligence in Illinois, you may be entitled to compensation for loss of consortium and other damages. These claims acknowledge the emotional and relational void left behind when a family member is taken too soon.

At John J. Malm & Associates, we are dedicated to helping families navigate the legal process with compassion and determination. We will investigate your case, build strong evidence, and fight to secure the justice your family deserves.

Contact the Dedicated Illinois Wrongful Death Attorneys at John J. Malm & Associates

The loss of a spouse, parent, or child is one of the most profound tragedies any family can face. While financial compensation can never fully heal the wounds left by a wrongful death, Illinois law recognizes the importance of addressing both tangible and intangible losses, including loss of consortium. Pursuing these claims ensures that negligent parties are held accountable and that families receive the support they need to move forward.

If you are facing the devastating aftermath of a wrongful death in Illinois, turn to John J. Malm & Associates for trusted guidance and experienced representation. Our team has a proven track record of advocating for families in wrongful death cases, and we are here to fight for you. Contact us today for a free, confidential consultation and let us help you seek justice for your loved one.